The Obama administration has come up with new guidelines for the foreclosure prevention program. It concentrates mainly on how to deal with borrowers who have home-equity loans or other second mortgages.

Most of the borrowers who are delinquent on their mortgage payments also have a second mortgage. However, when the Government announced the $75 billion program to stabilize the housing market, it didn’t concentrate on the question of second mortgages. Thus, the Government has come up with the revised plan which makes it necessary for the lenders to modify the second mortgage when the first mortgage is reworked. The lender’s benefit is that the government will share in the cost of reducing the interest rate on second mortgages for 5 years or it will pay the borrowers to extinguish that debt.

Lenders who will modify 2nd mortgages will receive an upfront payment of $500 and additional payments of $250 a year for up to three years for successful modifications for second mortgages. Apart from this, the borrowers who will be current on the modified loan would receive payments of $250 a year for up to five years. This would be used to pay down the balance of their 1st mortgage.

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This year borrowers will be receiving special tax breaks for refinancing. Most of us overlook the tax breaks available when we refinance our mortgage. You can get special tax breaks on the following:

PMI premiums: Private mortgage insurance or PMI comes into the play when you are unable to pay 20% equity in your home as down-payment. If you have taken out a loan in 2007 or later, you’ll now be able to deduct premiums for loans. The best part is that, this rule applies not only for private mortgage insurance but also for premiums paid for mortgage insurance provided by the Department of Veterans Affairs, the FHA and the Rural Housing Service.

Suppose you took out a loan before 1st January, 2007. You must be thinking that you won’t qualify for the tax breaks. However, if you refinance the loan now, you can take advantage of the tax breaks. But, it should be noted that this deduction is available only to taxpayers who itemize their deductions. The write-off will expire at the end of 2010.

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The faulty mortgage practices which damaged the economy and financial markets round the globe will now face tighter restrictions. H.R. 1728, Mortgage Reform and Anti-Predatory Lending Act would take steps to make sure that the borrowers avoid mortgages which are costly so that they can pay back their creditors and receive better disclosures.

Most of the Consumer Advocates are happy with this new Act as they feel that the stricter rules are necessary to protect consumers as well as the economy. This legislation will, henceforth, see to it that the consumers have the ability to repay mortgages and prohibit reimbursement for indulging consumers into risky loans

But there are some people who have certain concerns about this Act. Some people think that this Act will limit borrowers’ access to loans and increase prices. However, it is noted that the credit risk retention requirement will help the lenders in making safe-harbor loans which is less risky for consumers.

Some of the experts are of the opinion that the bill can be very helpful provided it allows enough room for state laws to prevent abuses and limit preemption by federal standards.

It has been noticed for quite some time that the mortgage rates have been incredibly low. It has tempted a number of people to refinance or buy their first home. But it’s really doubtful whether everyone would qualify for the lower rates or not. There are lots of factors which one has to consider in this regard. Some of these are mentioned below:

Can everyone get a mortgage with a low rate?
It is not necessary that everyone would get a lower rate like 4.78%. It should be kept in mind by the buyers that it is average rate. It should not be considered as the standard rate.

Another important thing which most of us don’t know is that a rate can change several times during a day. This is due to fluctuations in the market. Thus, you’ll note that mortgage rates are 5.5% in the morning but has increased to 5.75% in the evening.

Loan rates can also vary depending upon the loan type. Thus, a 15-year fixed-rate mortgage may have a lower rate than a 30-year fixed mortgage. Mortgage rates also vary due to the size of the loan. If you are planning to take a “jumbo loans”, be ready to pay higher interest rates.

Are there other factors which may not allow me to get lower rates?
Yes, there are other factors as well which may prevent you from getting a lower rate. Your credit score is one of them. If you have a credit score of around 800, lenders will be glad to offer you attractive rates. On the other hand, a borrower with a credit score of 650 will not get good rates from the lenders. Rates will also depend upon the amount of loan you want to take compared to the cost of the property. If you take a loan less than 80 percent of the home’s value, then, you can expect to get better rates.

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